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Staying Legal

Running a nonprofit is not just choosing a mission and doing the work. There are forms to file, red tape to cut through and checklists of things you need to attend to. Our staying legal page provides resources and the latest information about maintaining compliance with legal requirements and IRS regulations.

Charitable Solicitation Registration - Navigating the Complexities

Harbor Compliance and Charity Navigator have released Charitable Solicitation Registration: Navigating the Complexities, a guide to help nonprofits of all sizes meet state and federal regulations governing fundraising.

50-State Charitable Solicitation Compliance Guide

Source: National Council of Nonprofits and Harbor Compliance

The National Council of Nonprofits and Harbor Compliance partnered to publish Charitable Solicitation Compliance, a free white paper that explains the why, when, and how of fundraising registration for all 50 states.

Alliance for Justice Tips on "How 501(c)(3)s Can Respond During an Election Year"

Source: Bolder Advocacy

As the 2016 races heat up, nonprofits may feel the urge to comment on the issues discussed by candidates. However, the rules surrounding 501(c)(3) advocacy are murky and the consequences can be severe. Luckily, the Alliance for Justice's Bolder Advocacy initiative recently released a "Commenting on Candidates and Campaigns" guide that covers the dos and don'ts of issue advocacy and education.

Protect Directors and Officers from Legal Liability

Source: Nathan Wechsler & Company

Directors and officers of nonprofits can be held personally responsible for the actions of their organizations, including claims of wrongful termination, volunteer injury, and more. Nathan Wechsler & Company's recent newsletter explains the importance of directors and officers insurance, how it can protect you from crippling legal and settlement fees, and explains the often misunderstood concept of insurance "allocation".

Is it Time to “B” a Part of the Social Responsibility Movement?

Source: Devine, Millimet & Branch, P.A.

Rebecca Kane, an attorney in the Corporate Department of Devine, Millimet & Branch, P.A., explains the difference between the typical “C” and “S” corporations and the new “B” corporations, which were only recently made available as an option in NH.

NH Department of Labor Safety Summary Form Reminder

Source: NH Department of Labor

The NH Department of Labor has sent out a reminder about changes to the requirements for employers for filing a Safety Summary Form. Since the relevant RSA was changed in 2013, business are no longer required to file the form bi-annually.

Form W-2 Reporting of Employer-Sponsored Health Coverage

Source: IRS

The IRS explains new requirements for reporting the cost of coverage for employer-sponsored group health plans, which includes a helpful chart of what must be reported, what doesn't have to be reported, and what's optional.

IRS Relief from Affordable Care Act's Employer Mandate

Source: Bernstein Shur

Last July, the Obama administration delayed the effective date of the mandate until January 1, 2015. In regulations issued on February 10, 2014, the IRS has further delayed implementation for some employers, and temporarily relaxed compliance standards for others.

The IRS has published a Q&A covering the most common questions about the Employer Shared Responsibility provisions of the Affordable Care Act, how to tell if it applies to you, how to calculate the cost if of your payment if you don't comply, and information on transition relief when it goes into effect in 2015.

Time is running out for non-profit organizations maintaining so-called Section 403(b) retirement plans for their employees to bring their plans into compliance with Internal Revenue Service (“IRS”) requirements before the end of the year to avoid stiff penalties. Review your 403(b) plan as soon as possible to determine whether it is in compliance because waiting until January to fix certain plan issues will double the cost of the corrective IRS filing if any issues exist.

What You Need to Know Before Starting a Nonprofit

Source: Center for Nonprofit Management

Get Ready, Get Set: What You Need to Know Before Starting a Nonprofit is a free guide from the Center for Nonprofit Management will help you to explore preliminary questions, such as "is there an unmet need in the community?" and "will the organization attract sufficient resources to make the project viable?" The booklet then describes the legal steps involved in incorporation and securing tax exemption status, and concludes with an overview of management systems.Download the PDF

NH Department of Labor

The NH Department of Labor website provides information and resources employment issues in NH. The site hosts important information for both employers and employees. Be sure to visit their FAQ pages for answers to commonly asked questions on topics such as:

Legal Update: Firing Someone for Slamming Their Nonprofit Employer on Social Media

With the advent of social media, employees have begun posting comments about their employers on their Facebook pages. Some have gotten fired for it, but in a few cases, employees have been successful in challenging their dismissal as an unfair labor practice. If the dialogue that occurred in a social media posting constitutes "protected concerted activity" then the firing is illegal and the employee can be reinstated. Learn more about "protected concerted activity" and what you can and cannot put in your social media policies.
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